Professional Documents
Culture Documents
Registration Advertising
Registration Advertising
Registration Advertising
Registration Advertising:
It is carried out by specialized institutions (such as Registries and Notaries) through a regulatory
mechanism or procedure, as well as institutions, through the legal system, with special rules.
Make it possible for any interested person to correspond, through the entries prepared for this purpose,
(registry entries, which in a broad sense includes notaries), the legal situation of the people and assets subject to that
advertising regime.
It is one that refers to the ways of having the character of a communication that can be oral such as the proclamation
(announcement of the act of auction of a property for example) or written (edict, poster, summons).
Its effect : It is to inform the interested person or persons about a fact or legal relationship regarding real estate so
that they can make use of the rights that correspond to them.
It is one that has the effect of making the agreement, fact or legal relationship relating to real estate effective against
third parties.
It is one whose effect is the creation or establishment of the fact or legal relationship through advertising and
therefore favors the development of territorial credit, promotes the circulation of capital and real estate, prevents
hidden liens and double sales, provides security for the establishment of guarantees. It is characterized by Registry
Advertising if this is considered as an activity. If registry advertising is considered as a discipline, the procedures to
do so will be studied. Registry Advertising is the basic concept in this matter as an activity. It is characterized by the
interaction of a public official. But there are as many legal systems as there are positive rights. The legal system
assigns its place to each institution. In the registration system the fundamental principle is Advertising.
Through Registry Advertising, access is facilitated for any person to consult and investigate the data that is of
interest in the negotiation that is proposed to be carried out, it avoids the malicious concealment of liens, double
sales, it expands and encourages investors' savings. large or small who see their property guaranteed, when it is
registered in an accurate and secure type of Registry.
The two people who normally constitute the contract (buyer-seller) exhaust the concept of parties in Civil Law, but
do not exclude other people or subjects of rights, who are called third parties, by virtue of the fact that they are
neither neither party to the contract, the people between whom the legal relationship is polarized, are the parties,
the others are third parties.
The concept of third parties is typical of Civil Law, therefore for registration purposes the concept of Civil Law
is accepted, but establishing that in matters of Registry what is important is not such concept itself, but the legal
situation of the third party.
For Substantive Civil Law, a third party is someone who is not a party to the contract and the parties are
the persons of the contracting parties.
The Third Party Registry is a Third Party Acquirer who has registered his rights and for that reason he cannot be
affected by unregistered acts or contracts, nor by the collapse of the ownership of his deceased due to a cause that
was not recorded in the Registry when his rights were registered. acquisition.
In Venezuelan Registry Law for the Third Purchaser, what is registered and only registered exists, what is not
registered cannot harm it, that is, the Third Party is maintained in its acquisition, since what is not registered cannot
be opposed to it.
The Third Registry, for Dr. Ángel Cristóbal Montes, is "the recipient of the protection of the Public Registry Faith, or
that Third Acquirer who, having registered his right, is protected by the Public Registry Faith and this regardless of
what the extension and intensity with which the aforementioned principle plays in one or another specific order".
The effects of the registration protection, which in the Principle of Public Registry Faith provides to the Third
Purchaser who registers, takes place when the Acquisition Title of the same is intrinsically valid, and when the Third
Purchaser meets the following requirements:
a.- That the third party has registered its purchasing title.
b.- That there is a prior registration in favor of the transferor of the transferred or encumbered right.
REGISTRY ADVERTISING: It is the activity carried out by Registries and Notaries, following the rules and
procedures established for this purpose by the respective legal system, so that the interested public can know,
through the registry or notarial entries, the situation. legal status of the persons and assets subject to that
advertising regime.
PUBLICITY OF THE REGISTRY: The Registrars will give anyone who requests it a simple or authorized copy of the
instruments found in their office, as well as those that are filed as proof of the documents.
1) Advertising as a statement.
2) Advertising as notification.
3) Advertising as an operation.
4) Notification Real Estate Advertising.
5) Declarative Real Estate Publication.
6) Constitutive Real Estate Advertising.
IMPORTANCE OF REGISTRY ADVERTISING: The Law wants all the documents in the Registry to be visible to
everyone and for everyone to be able to use them, so that they can carry out the business that interests them with
full knowledge of the facts so that In any case, they can prove the facts that matter to them and that appear there.
IMPORTANCE OF ADVERTISING: Through Registry Advertising, access is facilitated to any person to consult and
investigate the data that is of interest in the negotiation that is proposed to be carried out; prevents malicious
concealment of liens, double sales; and expands, encourages and strengthens the savings of large or small investors
who see their property guaranteed, when it is registered in an accurate and secure type of registry.
The primary purpose of registration is to publicize the documents and to produce effects against third
parties from then on.
PARTIES: They are those people with contradictory civil positions, these people in the Registry Law are called
Grantors.
THIRD PARTIES: It is the one who is not a subject in the legal relationship because they are outside and have not
participated in its formation or development.